Hate speech can take many forms, so it is important to be aware of different situations where particular expression may be considered to be hate speech.
Privately expressed forms of hate
There should be no illusions that expressions containing hatred and offensive language towards certain individuals and groups is a daily occurrence in the private sphere. Because of their general negative attitudes towards these persons (groups), some people tend to express opinions in harsh and offensive ways in their private communication.
example Two buddies share multiple racist jokes while playing video games.
This private communication will not usually be considered to be hate speech, as the aim of hate speech is to publicly invite groups of persons and even society as a whole to hatred. Therefore, it will not amount to a human rights violation and will not be punished. However, if unchecked, privately expressed hate speech feeds back into the public sphere, inciting further tension and other forms of illegal discrimination and abuse. Thus, the State should make efforts to ensure proper education about the harm caused by hate speech and discrimination.
Publicly expressed hate speech
Publicly expressed hate speech is considered to be very serious and punishable. The Moldovan Criminal Code allows for the sanctioning of incitement to hatred or violence, manifested through public incitement, dissemination of information or other forms of informing the public, including through the media, in written form, drawing or image, or through an information system, against a category of persons on grounds of prejudice. But, it must fit the description of grounds of prejudice outlined in the Article 13421 of the Moldovan Criminal Code. The sanction provides fine, community service or deprivation of liberty. Also, the law provides criminal sanctions for propaganda of genocide or crimes against humanity is sanctioned, that is, the public dissemination of information, including through an information system, or any other public actions aimed at the total or partial denial, approval or justification of the crimes of genocide or crimes against humanity, recognized by a decision of an international tribunal established by international instruments and whose jurisdiction is recognized by the Republic of Moldova, done in a manner that may provoke the commission of crimes involving violence.
Hate speech can take different forms and can be disseminated not only in “real life” but also on the Internet. It can be classified in different categories. For example, hate speech aimed at incitement to religious or racial hatred, hate speech dedicated to the glorification of war crimes, etc.
example A group of people held an unsanctioned public meeting near a local church where they shouted slurs aimed at Christians.
Hate speech online
Online hate speech is tolerated more than hate speech expressed “offline”, namely, in real life, and is, unfortunately, more difficult to control. It is also easier for users to be abusive online than offline. Hate speech online is propagated and amplified by underestimating its effects and by the thought that users on the internet have some impunity or are protected by anonymity. However, such thinking is incorrect, as public authorities are also implementing the necessary measures to combat hate speech which is disseminated online.
example Several internet users posted hateful comments under an article about a gay couple getting married and adopting a child. The users were later tried and found guilty of incitement to hatred.
Most of the time, hate speech online will be considered to be equal to hate speech expressed “offline”, namely, in real life, and the users spreading hate speech can be held accountable. Because of the way that the Internet works, the platforms and portals that create the conditions for the dissemination of hate speech and do not remove comments containing it in a timely way, can be held accountable as well.
example A news portal faced fines because the portal did not take any action after receiving reports about hateful comments under articles posted on the news portal about Jews.
Denial, trivialization, condonation and glorification
The State has a responsibility to punish any intentional public condonation, denial, gross trivialization or glorification of crimes of genocide, crimes against humanity and war crimes directed against a group of persons or members of such a group, when the conduct is carried out in a manner likely to incite violence or hatred against it or them.
example During a TV interview, a person claims that the Holocaust led to the deaths of only a few Jewish people and not millions, thus disputing the existence of this crime.